Court File and Parties

COURT FILE NO.: CV-12-5360

DATE: July 13, 2012

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: CECILE MARIE CARNEVALE, Applicant

A N D:

JOHN WAYNE TOPHAM and DEBBIE EDWINA NORTON, Estate Trustees of the Estate of Allen Arthur Topham, Respondents

BEFORE: The Honourable Mr. Justice Paul U. Rivard

COUNSEL: Don Wallace, for the Applicant

William Brunton, for the Respondents

HEARD: July 13, 2012

E N D O R S E M E N T

Ms. Carnevale and Mr. Allen Topham cohabited for approximately 34 years. I am satisfied Mr. Topham has not made adequate provision for Ms. Carnivale’s proper support.

Ms. Carnevale is 74 years old. She has very few assets and is in need of support. Although Mr. Brunton makes a persuasive argument which supports the conclusion Ms. Carnevale’s financial statement is inaccurate and overstates her needs, I am nevertheless satisfied she is in need of some financial assistance.

It appears that throughout her period of cohabitation with Mr. Topham, she contributed to their living expenses and to the acquisition of property. Because of her age, there are no measures now available to her to provide for her own support save the pension income she is receiving.

The estate is valued at $697,212 which includes investments of $471,512 at Scotia Bank. It is appropriate that, having regard to the factors enumerated is Section 62 of the Succession Law Reform Act, there be some contribution by the estate to Ms. Carnevale’s support. That contribution ought to have commenced shortly after Mr. Topham’s death but this could not be accomplished because of difficulties in locating the original will.

Having regard to Ms. Carnevale’s needs (moderated by the exaggeration of her expenses in her Financial Statement) it is ordered that the Respondents pay to the Applicant temporary support in the monthly sum of $1,600 commencing August 1, 2011. This means that to the date of this Order, arrears have accumulated totalling $19,200. It is the Court’s recommendation that Ms. Carnevale use part of these funds to pay down her credit card debts. Commencing August 1, 2012 the Estate shall pay to the Applicant $1,600 every month until otherwise ordered.

Parties may make written submissions as to costs within 30 days.

The Honourable Mr. Justice Paul U. Rivard